the State of Texas, and more particularly, within the Eastern District of Texas, that infringe the patent-in-suit, as described more particularly below.5.
Venue is proper in the Eastern District of Texas pursuant to 28 U.S.C. §1391(b) and (c)and §1400(b), because Defendant has committed acts of infringement in the Eastern District of Texas and has transacted business in the Eastern District of Texas.
On October 7, 2008, the U.S. Patent and Trademark Office duly and legally issued U.S.Patent No. 5,508,731 C1 (“the ‘731 Patent”) entitled, “GENERATION OF ENLARGEDPARTICIPATORY BROADCAST AUDIENCE” to Henry Von Kohorn. Quest is the owner byassignment of the ‘731 Patent. A true and correct copy of the ‘731 Patent is attached hereto asExhibit “A.”7.
Quest is the owner of all rights, title, and interest in and to the ‘731 Patent. Quest possesses all rights to sue and recover for past and future infringement.8.
The ‘731 Patent is valid and enforceable. Defendant has infringed, and continues toinfringe, directly, contributorily, and/or through the inducement of others, the claimed methodsand apparatuses of the ‘731 Patent through administering and implementing sweepstakes,contests, and game promotions.9.
Defendant is aware of the ‘731 Patent, has knowledge of the infringing nature of Defendant’s activities, but has nevertheless continued its infringing activities. Defendant’sinfringing activities have been and continue to be willful. Defendant was previously provided written and verbal notice of the ‘731 Patent, as well as Defendant’s infringement of such patent.10.
Quest has been damaged as a result of Defendant’s infringing conduct. Defendant is,therefore, liable to Quest in an amount that adequately compensates Quest for Defendant’s